Oregon’s child welfare system is again under scrutiny after a 9‑year‑old boy, identified only as D.H., remains in state custody despite his grandparents being fully prepared to take him into their care.

Jerry and Elizabeth Spainhaur‑Joslyn of North Carolina were contacted by Oregon child welfare officials roughly two years ago, asking if they would assume custody of their grandson. The couple immediately agreed, completing all requirements to become certified as a therapeutic foster home. Still, months later, D.H. remains in Oregon foster care after living in 23 separate placements since entering the system at age 3 according to Oregon Public Broadcasting.

Elizabeth Spainhaur‑Joslyn testified before the Oregon Senate Human Services Committee that D.H. is confined in what she described as a “kiddie prison,” restricted by movement alarms that punish him for small motions. Lawmakers from both parties expressed outrage during the hearing, calling for immediate clarity on why the placement had not been completed.

Officials with the Oregon Department of Human Services (DHS) cited a 2020 law prohibiting out‑of‑state placements. That law, authored by Sen. Sara Gelser Blouin (D‑Corvallis), was designed to prevent children from being sent to unregulated institutions in other states after widespread abuse was uncovered in an earlier investigation. Gelser Blouin said the restriction was never intended to separate children from relatives and has sought answers from DHS as to how the law came to be applied in this way.

State records obtained by OPB show that DHS officials agreed it would be in the child’s best interest to live with his grandparents in North Carolina. However, the agency concluded that a “statutory change is necessary” to permit such a placement. One complicating factor, according to DHS spokesman Jake Sunderland, is that the North Carolina nonprofit used to certify the grandparents’ home declined to undergo Oregon’s own licensing process.

The grandfather, Jerry Joslyn, told lawmakers that his grandson needs family and stability after years of instability under state supervision. “All we want,” the family said, “is for him to run through the yard with his cousins and play ball.”

Systemic problems laid bare
Oregon’s foster system, overseeing more than 4,500 children statewide, has long struggled with capacity and oversight. In recent years the state has been faulted for placing youth in hotels, unlicensed homes, and congregate‑care facilities for extended periods.

Sen. Christine Drazan (R‑Canby), newly assigned to the committee, called the revelations “horrifying.” Sen. Gelser Blouin, meanwhile, said she is pushing for legislative fixes to clarify that kinship placements should never be blocked by the 2020 law.

Why this matters
Though this particular case involves an Oregon law, the issue has broader implications across the Northwest. Many families—particularly in rural counties like Cowlitz—depend on kinship care when state systems become involved. Ambiguities in cross‑state placement statutes can devastate families ready to care for their own. Experts say clarifying policy and reducing bureaucratic friction are critical to preventing further harm to children already traumatized by prolonged state custody.

Gelser Blouin and other lawmakers are expected to re‑examine the law’s language in the current legislative session to ensure family reunifications like the Joslyns’ are not blocked again.

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